Disability Service Safeguards Act 2018 (Vic)

Version No. 006

Disability Service Safeguards Act 2018

No. 38 of 2018

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Definition of disability

5Definition of family member

6Objective

7Guiding principles

Part 2—Governance

Division 1—Disability Worker Registration Board of Victoria

8Establishment of the Board

9Functions and powers

10Membership of the Board

11Term of office

12When does a Board member's office become vacant?

13Chairperson

14Payment of members

15Acting appointments

16Meetings

17Conflicts of interest

18Validity of acts or decisions

19Establishment of committees

20Delegation

Division 2—Victorian Disability Worker Commission

21Establishment and constitution of the Victorian Disability Worker Commission

22Functions and powers of the Commission

23Regulatory management agreement

25Delegation

26Appointment of Victorian Disability Worker Commissioner

27Duties, functions and powers of the Commissioner

28Terms and conditions of appointment

29Acting appointment

30Vacancy and resignation

31Removal from office

32Validity of decisions

32AStaff    

Part 3—Complaints—Preliminary matters

Division 1—Making a complaint

33Complaints about disability workers and disability students

34How a complaint is made

35Reasonable assistance to be given to complainant

36Protection for persons making a complaint

37Withdrawal of complaint

Division 2—Initial consideration of complaints received

38Board to refer all complaints received to Commission for initial consideration

39Initial consideration of complaint

40Commission may divide or concurrently deal with complaints

Part 4—The Board and complaints about registered disability workers and disability students

41Board to assess complaint

42Notice of receipt of complaint to registered disability worker or disability student

43Board may deal with complaints about same person together

44Board may settle complaint by agreement

45When Board may decide to take no further action

46Complaints about registered NDIS providers

Part 5—The Commission and complaints about unregistered disability workers

47Commission must assess complaint

48Notice of receipt of complaint to unregistered disability worker

49When Commission may decide to take no further action

50Commission may settle complaint by agreement

51Decision to reopen complaint

52Complaints about registered NDIS providers

Part 6—Conciliation

53Proposed conciliation of the whole or a part of a complaint

54Conciliation

55Confidentiality of information given or agreement reached in conciliation process

56Completion of conciliation

57Duty of confidentiality—conciliation

Part 7—Notifications

Division 1—Definition

58Definition

Division 2—Obligation to make notification

59Notification by disability worker about another disability worker or a disability student

60Notifications by employers

61Notifications by education providers

62Protection for persons making a notification

Division 3—How to make a notification

63How a notification is made

64Reasonable assistance to be given to notifier

Division 4—Initial consideration of notifications

65Board to refer all notifications received to Commission for initial consideration

66Initial consideration of notification

Division 5—Assessment of notification and other matters

67Assessment of notification

68Notice of assessment of notification

69When no further action may be taken

70Notifications about registered NDIS providers

71Notifications about same person may be dealt with together

Part 8—Regulation of registered disability workers and disability students

Division 1—Application

72Part also applicable to person formerly registered under this Act

Division 2—Immediate action taken by Board in relation to registered disability workers and disability students

73Definition of immediate action

74Power to take immediate action

75Show cause process

76Notice to be given to registered disability worker or disability student

77Period of immediate action

Division 3—Investigations in relation to registered disability workers and students

78When may investigation be conducted?

79Registered disability worker or disability student to be given notice of investigation

80Appointment of investigators

81Identity card for investigators

82Display of identity card by investigators

83Investigator functions, powers and duties

84Investigator may require information or attendance or apply to Magistrates' Court for order

85Investigator may ask for health or performance assessment

86Investigator to report regularly to Board during course of investigation

87Protection of persons giving evidence to investigator

88Investigator's final report about investigation

89Decision by Board

Division 4—Health assessments and performance assessments of registered disability workers and health assessments of disability students

90Definitions

91Requirement for health assessment

92Requirement for performance assessment

93Appointment of assessor to carry out assessment

94Notice to be given to registered disability worker or disability student about assessment

95Assessor may require information or attendance

96Inspection of documents

97Report from assessor

98Copy of report to be given to registered disability worker or disability student

99Decision by Board

Division 5—Action by Board in relation to registered disability workers and disability students

100Board may take action

101Show cause process

102Notice to be given to registered disability worker or disability student and to notifier

Division 6—Panels in relation to registered disability workers and disability students

103Establishment of health panel

104Establishment of professional standards panel

105List of approved persons for appointment to panels

106Notice to be given to registered disability worker or disability student

107Procedure of panel

108Legal representation

109Submission by notifier or complainant

110Panel may proceed in absence of registered disability worker or disability student

111Hearing not open to the public

112Referral to VCAT

113Decision of panel

114Decision of panel after reconsideration of suspension

115Change of reconsideration date for suspension of registration

116Notice to be given about panel's decision

Part 9—Regulation of unregistered disability workers

Division 1—Approved codes of conduct for unregistered disability workers

117Minister to consult in relation to approved code of conduct

118Unregistered disability workers to comply with approved code of conduct

Division 2—Investigation by Commission in relation to unregistered disability workers

119Investigation of complaints by Commission

120Investigation of matter referred by Minister

121Power of Commission to conduct a Commission initiated investigation

122Notice of investigation under this Division

123Commission's report on an investigation under this Division

124Persons to whom report on an investigation under this Division is given

125Response by unregistered disability worker

126Principles applying to all investigations

127Requirements

128Expert assistance

129Action to be taken after investigation ends

Division 3—Interim prohibition orders and prohibition orders

130Commissioner may make interim prohibition order

131Grounds on which interim prohibition order may be made

132Commissioner may make prohibition order

133Grounds on which prohibition order may be made

134Show cause process

135Publication of information as to interim prohibition orders and prohibition orders

136Variation of prohibition order

137Revocation of interim prohibition orders and prohibition orders

Part 10—Registration standards and guidelines and accreditation

Division 1—Registration standards and guidelines

138Board may develop registration standards

139Board may develop guidelines

140Consultation

141Approval of registration standards and guidelines

142Minister may give policy directions or request review

143Publication and commencement of registration standards and guidelines

144Use of registration standards and guidelines in disciplinary proceedings

Division 2—Accreditation

145Board may develop accreditation standards

146Consultation about accreditation standards

147Approval of accreditation standards

148Publication and commencement of accreditation standards

149Approval of programs of study

150Revocation of approval of program of study

Part 11—Registration and endorsement

Division 1—Application for registration

151Application for registration

152Board must check applicant's criminal history or NDIS clearance

153Board's other powers before determining application for registration

Division 2—General registration as a disability worker

154Eligibility for general registration

155Qualifications for general registration

156Unsuitability to hold general registration

157Period of general registration

Division 3—Limited registration as disability worker

158Eligibility for limited registration

159Unsuitability to hold limited registration

160Limited registration for training or supervised practice as a disability worker

161Limited registration for area of need

162Limited registration in public interest

163Limited registration for teaching or research

164Limited registration not to be held for more than one purpose

165Period of limited registration

Division 4—Non-practising registration as a disability worker

166Eligibility for non-practising registration

167Unsuitability to hold non-practising registration

168Person holding non-practising registration must not practise as a disability worker

169Period of non-practising registration

Division 5—Decision about application for registration

170Applicant may make submissions about proposed refusal of application or imposition of condition

171Decision about application for registration

172Conditions of registration

173Notice of decision to be given to applicant

174Failure to decide application

Division 6—Endorsement of registration

175Approval of areas of practice for purposes of endorsement

176Notification and publication of directions and approvals

177Endorsement for approved area of practice

178Application for endorsement

179Board's other powers before deciding about application for endorsement

180Applicant may make submissions about proposed refusal of application for endorsement or imposition of condition on endorsement

181Decision about application for endorsement

182Conditions of endorsement

183Notice of decision to be given to applicant

184Period of endorsement

185Failure to decide application for endorsement

Division 7—Renewal of registration

186Application for renewal of registration

187Registration taken to continue in force

188Annual statement

189Board's powers before decision about application for renewal of registration

190Applicant may make submissions about proposed refusal of application for renewal of registration or imposition of condition

191Decision about application for renewal of registration

192Period of renewed registration

Division 8—Disability student registration

193Who may be registered as a disability student?

194Board may ask education provider for list of persons undertaking approved program of study

195Registration of disability students

196Conditions of registration as a disability student

197Notice of decision to be given to education provider

198Period of student registration

Division 9—Certificates of registration and surrender of registration

199Issue of certificate of registration

200Surrender of registration

Division 10—Review of conditions and undertakings

201Changing or removing conditions or undertaking on application by registered disability workers or disability students

202Changing conditions on Board's initiative

203Removal of condition or revocation of undertaking

Part 12—Obligations of registered disability workers, disability students and education providers

204Definition of relevant entity

205Continuing professional development

206Professional indemnity insurance arrangements

207Registered disability worker or disability student to give Board notice of certain events

208Change in principal place of practice, address or name

209Board may ask registered disability worker for information

210Report by education providers to Board of cessation of status as disability student

Part 13—VCAT

Division 1—Referring matters to VCAT

211Matters to be referred to VCAT relating to registered disability workers and disability students

212Parties to proceeding for matter referred to VCAT

213Determination by VCAT about registered disability worker

214Determination of VCAT about disability students

Division 2—VCAT review

215Reviewable decisions

216Parties to the proceeding

Part 14—Authorised officers

Division 1—Appointment of authorised officers

217Appointment of authorised officers by Board or Commission

218Identity card for authorised officers

219Display of identity card by authorised officers

Division 2—Powers of authorised officers

220Authorised officers may require information or documents from registered disability workers about alleged offences

221Authorised officers may apply to Magistrates' Court for order requiring information or documents from other persons about alleged offences

222Warning required before exercise of power under section 220 or 221

223Inspection, copying and retention of documents

224Authorised officer may enter premises

225Authorised officer may apply for search warrant for entry to, and search of, premises

226Search warrants—general

227Procedure before entry under warrant

228Powers after entering premises

229Seizure of evidence by authorised officer

230Securing seized things

231Authorised officer to give receipts for seized things and samples taken

232Copies of seized documents

233Retention and return of seized documents or things

234Magistrates' Court may extend 3 month retention period

235Court may order destruction of seized documents or things

Division 3—Protection for persons assisting authorised officers

236Protection of persons giving evidence to authorised officer

Part 15—Information and privacy

Division 1—Disclosure of information and confidentiality

237Meaning of protected information

238Duty of confidentiality

239Disclosure of information for disability workforce planning and general disability sector planning and development

240Disclosure of information for information management and communication purposes

241Disclosure of information to other relevant entities

242Disclosure to protect health or safety of persons with a disability or other persons

243Disclosure to registration entities

Division 2—Register of Disability Workers

244Board to keep Register of Disability Workers

245Manner of keeping Register

246Information to be recorded in Register

247Board may decide not to include or to remove certain information in Register

248Inspection of Register

Division 3—Disability Students Register

249Disability Students Register

250Information to be recorded in Disability Students Register

Division 4—Register of Prohibition Orders

251Register of Prohibition Orders

Division 5—Other records

252Other records to be kept by Board

253Record of adjudication decisions to be kept and made publicly available

Division 6—Identity checks, criminal checks and NDIS checks

254Evidence of identity

255Power to check evidence of identity provided

256Power to obtain criminal history report

257Worker screening check

Part 16—Offences and general provisions

Division 1—Offences

258Restriction on use of protected titles

259Claims about type of registration or endorsement or qualification to hold type of registration or endorsement

260Claims about division of Register

261Restriction to provide prescribed disability service

262Directing or inciting unprofessional conduct or professional misconduct

263Offence for contravention of interim prohibition order

264Offence for contravention of prohibition order

265Offence to contravene VCAT order

266Offence to provide certain services if prohibited from doing so in another State or a Territory

267Advertising offences

268Offence to fail to produce information or attend before authorised officer or investigator

269Offences for failing to comply with requirement under section 228

270False or misleading information or documents

271Obstructing authorised officers or investigators

272Offence to impersonate authorised officer or investigator

273Protection against self-incrimination

274Power to bring proceedings

275Conduct may constitute offence and be subject of disciplinary proceedings

Division 2—Finance

276Regulatory management agreement

277Disability Worker Regulation Fund

278Payments into Disability Worker Regulation Fund

279Payments out of Disability Worker Regulation Fund

280Investment powers

281Repayment of advances

282Powers of Board in relation to fees

283Compensation

Division 3—Provisions relating to persons exercising functions under Act

284General duties of persons exercising functions under this Act

285Protection from liability for person exercising functions

Division 4—Regulations

286Regulations

Part 17—Transitional and consequential provisions

Division 1—Transitional provisions

287Transitional provisions

Part 18—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023

288Definition

289Application for registration by disability worker

290Worker screening check

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 006

Disability Service Safeguards Act 2018

No. 38 of 2018

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to regulate registered and unregistered disability workers by—

(i)providing for a registration scheme for disability workers and disability students receiving training to be disability workers; and

(ii)establishing the Disability Worker Registration Board of Victoria; and

(iii)establishing the Victorian Disability Worker Commission; and

(iv)providing for the appointment of the Victorian Disability Worker Commissioner; and

(v)providing for a mechanism by which complaints and notifications in relation to disability workers and disability students may be investigated and dealt with; and

(vi)providing for appropriate information sharing in relation to disability workers; and

(b)to amend the Residential Tenancies Act 1997—

(i)to provide for the rights and duties of SDA residents and SDA providers consistently with the National Disability Insurance Scheme; and

(ii)to provide access to SDA residents and SDA providers to general tenancy arrangements under Part 2 of that Act; and

(iii)to enable SDA residents to exercise choice and control in respect of their accommodation arrangements; and

(c)to make consequential amendments to—

(i)the Health Complaints Act 2016, the Ombudsman Act 1973 and the Public Administration Act 2004 in relation to the regulation of disability workers and disability students; and

(ii)the Disability Act 2006 and other Acts to enable the Residential Tenancies Act 1997 to provide for SDA residents and SDA providers.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.

3Definitions

(1)In this Act—

ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

accreditation standard, for disability workers, means a standard used to assess whether a program of study provides persons who complete the program with the knowledge, skills and attributes necessary to practise as a disability worker;

adjudication body means—

(a)a panel; or

(b)VCAT; or

(c)a court;

appropriate professional indemnity insurance arrangements, in relation to a registered disability worker, means professional indemnity insurance arrangements that comply with the relevant approved registration standard for that disability worker;

approved accreditation standard means an accreditation standard that has taken effect in accordance with section 147;

approved area of practice, for disability workers, means an area of practice approved under section 175;

approved code of conduct means any prescribed code of conduct in relation to unregistered disability workers;

approved program of study means—

(a)in relation to a disability worker, a program of study approved under section 149(1) by the Board for the purposes of registration or endorsement of registration; and

(b)in relation to a disability student, a program of study approved by the Board and required by the Board for the purposes of registration of persons as disability students;

approved qualification means—

(a)a qualification obtained by completing an approved program of study; and

(b)in the case of endorsement of registration, a qualification obtained by completing an approved program of study relevant to the endorsement;

approved registration standard means a registration standard approved by the Minister under section 141(2) and that has taken effect in accordance with section 143(1);

authorised officer means a person appointed under Division 1 of Part 14;

Board means the Disability Worker Registration Board of Victoria established under section 8;

Chief Commissioner has the same meaning as it has in the Victoria Police Act 2013;

clearance means—

(a)an NDIS clearance; or

(b)an interstate NDIS clearance within the meaning of the Worker Screening Act 2020;

Commission means the Victorian Disability Worker Commission established under section 21;

Commissioner means the Victorian Disability Worker Commissioner appointed under section 26;

complaint means a complaint made in relation to an unregistered disability worker, a registered disability worker or a disability student under Part 3;

corresponding NDIS worker screening law has the same meaning as in the Worker Screening Act 2020;

criminal history, of a person, means the following—

(a)every conviction of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section;

(b)every plea of guilty or finding of guilt by a court of the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section and whether or not a conviction is recorded for the offence;

(c)every charge made against the person for an offence, in Victoria or elsewhere, and whether before, on or after the commencement of this section;

criminal history law means a law that provides that spent or other convictions do not form part of a person's criminal history and prevents or does not require the disclosure of those convictions;

disability has the meaning given in section 4;

disabilityservice means—

(a)a service (other than a prescribed exempt service) which involves more than incidental contact with a person with a disability and is specifically provided to the person for the principal purpose of caring for, or treating, the person or supporting the person to manage the person's limitations in undertaking one or more of the following activities—

(i)communication;

(ii)social or economic participation;

(iii)social interaction;

(iv)learning;

(v)mobility;

(vi)self‑care;

(vii)self‑management; or

(b)a prescribed service;

disabilitystudent means an individual whose name is on the Disability Students Register;

Disability Students Register means the register kept under section 249 by the Board;

disability worker means, subject to subsection (2), a person (other than a disability student) who—

(a)directly provides a disability service to a person with a disability; or

(b)supervises or manages another person who directly provides a disability service to a person with a disability;

education provider means—

(a)a university; and

(b)a tertiary education institution, or another institution or organisation, that provides vocational training;

exclusion means—

(a)an NDIS exclusion; or

(b)an interstate NDIS exclusion within the meaning of the Worker Screening Act 2020;

family member has the meaning given in section 5;

health assessment means an assessment of a person (including but not limited to a medical, physical, psychiatric or psychological examination or test) for the purpose of deciding whether the person has an impairment that detrimentally affects, or is likely to affect detrimentally—

(a)in the case of a person who is a disability worker, the person's capacity to practise as a disability worker; and

(b)in the case of a person who is a disability student, the person's capacity to undertake supervised practice;

health complaints entity means—

(a)the Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016; and

(b)the Mental Health and Wellbeing Commission established by section 411 of the Mental Health and Wellbeing Act 2022;

health, conduct or performance action means action that the Board or an adjudication body may take in relation to a registered disability worker or a disability student under Part 8;

health panel means a panel established under section 103;

health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

impairment means a loss or abnormality of structure or function of an intellectual, cognitive, neurological, sensory, psychological or physical nature, whether permanent or temporary;

*                *                *                *                *

interim exclusion means—

(a)an interim NDIS exclusion within the meaning of the Worker Screening Act 2020; or

(b)an interim decision made under a corresponding NDIS worker screening law that has the same effect as a decision to give an interim NDIS exclusion;

investigator means a person appointed under section 80(1);

Mental Health and Wellbeing Commission has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

NDIS means the National Disability Insurance Scheme within the meaning of the NDIS Act;

NDIS Actmeans the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS check has the same meaning as in the Worker Screening Act 2020;

NDIS clearance has the same meaning as in the Worker Screening Act 2020;

NDIS exclusion has the same meaning as in the Worker Screening Act 2020;

NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

*                *                *                *                *

NDIS worker screening check means the assessment under a corresponding NDIS worker screening law of whether a person who provides disability services, or seeks to provide disability services poses a risk to persons with a disability;

NDIS worker screening unit means an NDIS worker screening unit within the meaning of the Worker Screening Act 2020;

notifiable conduct—see section 58;

notification means a notification made under Part 7;

notifier means a person who makes a notification;

panel means—

(a)a health panel; or

(b)a professional standards panel;

party, in relation to a complaint, means—

(a)the complainant; or

(b)the disability worker about whom the complaint is made; or

(c)the person who received or sought the relevant disability service, if that person is not the complainant;

performance assessment means an assessment of the knowledge, skill or judgement possessed, or care exercised, by a person practising as a registered disability worker;

professional standards panel means a panel established under section 104;

professional misconduct of a registered disability worker includes—

(a)conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and

(b)more than one instance of conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered disability worker of an equivalent level of training or experience; and

(c)conduct of the registered disability worker, regardless of whether it occurs in connection with the provision of disability services, that is inconsistent with the disability worker being a fit and proper person to hold registration under this Act;

program of study means a program of study provided by an education provider;

psychologist has the same meaning as it has in the Health Practitioner Regulation National Law;

Register means the Register of Disability Workers kept under section 244;

registered disability worker means a disability worker who is registered under this Act and (other than in Parts 2, 3, 4, 7, 8, 9, 13 and 14 and section 188) does not include a disability worker whose registration is suspended;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

registered NDIS provider has the same meaning as in the NDIS Act;

relevant fee, for a service provided by the Board, means the fee set by the Board in accordance with this Act;

review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under this Act;

type of registration means a kind of registration being one of the following—

(a)general registration;

(b)limited registration;

(c)non-practising registration;

unprofessional conduct, of a registered disability worker, means conduct that is of a lesser standard than that which might reasonably be expected of the disability worker by the public or the disability worker's peers in relation to the provision of disability services, and includes—

(a)a contravention of this Act by the disability worker, whether or not the disability worker has been prosecuted for, or convicted of, an offence in relation to the contravention; and

(b)a contravention by the disability worker of—

(i)a condition to which the disability worker's registration is subject; or

(ii)an undertaking given by the disability worker to the Board; and

(c)the conviction of the disability worker for an offence under another Act, the nature of which may affect the disability worker's suitability to continue to provide disability services; and

(d)providing a person with disability services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person's wellbeing; and

(e)influencing, or attempting to influence, the conduct of another disability worker in a way that may compromise the support, treatment or care of a person with a disability; and

(f)accepting a benefit as inducement, consideration or reward for referring a person to a disability worker or for recommending a person use or consult a disability worker; and

(g)offering or giving a person a benefit, consideration or reward in return for that person referring another person to the disability worker or recommending another person to use a disability service provided by the disability worker; and

(h)referring a person to, or recommending a person use or consult, another disability service worker, disability service or health product if the disability worker has a pecuniary interest in giving that referral or recommendation, unless the disability worker discloses the nature of that interest to the person before or at the time of giving the referral or recommendation;

unregistered disability worker means a disability worker who is not registered under Part 11;

unsatisfactory professional performance, of a registered disability worker, means the knowledge, skill or judgement possessed, or care exercised, by the disability worker is below the standard reasonably expected of a disability worker of an equivalent level of training or experience.

(2)For the purposes of the definition of disability worker, a person is not a disability worker if—

(a)the person—

(i)is a family member of a person with a disability; and

Note

See definition of family member in section 5.

(ii)provides disability services to the person with a disability; and

(iii)does not receive a fee or reward for providing those disability services; or

(b)the person voluntarily provides disability services, unless the person provides the disability services on behalf of an organisation or agency.

4Definition of disability

(1)In this Act, disability means—

(a)an impairment, or any combination of impairments, that—

(i)is, or is likely to be, permanent; and

(ii)may, or may not, be attributable to a psychiatric condition; and

(iii)causes, or is likely to cause, a person to require lifelong support; and

(iv)results in a person having substantially reduced functional capacity to undertake one or more of the following activities—

(A)communication;

(B)social or economic participation;

(C)social interaction;

(D)learning;

(E)mobility;

(F)self-care;

(G)self-management; or

(b)a developmental delay.

(2)For the purposes of the definition of disability in subsection (1)—

developmental delay means a delay in the development of a child under the age of 6 years that—

(a)is attributable to an impairment, or any combination of impairments; and

(b)results in substantial functional limitations to undertake one or more of the following activities—

(i)self-care;

(ii)receptive and expressive language;

(iii)cognitive development;

(iv)motor development; and

(c)reflects the child's need for a combination and sequence of special interdisciplinary, or generic care, treatment or other services which are of extended duration and are individually planned and coordinated.

5Definition of family member

(1)In this Act, family member of a person means—

(a)the spouse or domestic partner of the person; or

(b)a person who has or has had an intimate personal relationship with the person; or

(c)a person who is or has been a relative of the person; or

(d)a child who normally or regularly resides with the person; or

(e)a child of whom the person is a guardian; or

(f)another person who is or has been ordinarily a member of the household of the person.

(2)For the purposes of the definition of family member in subsection (1)—

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(a)for fee or reward; or

(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides;

relativeof a person means—

(a)a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or

(b)a son, daughter, grandson, granddaughter, step-son,

step-daughter, son-in-law or

daughter-in-law of the person; or

(c)a brother, sister, half-brother, half‑sister, brother-in-law or

sister-in-law of the person; or

(d)an uncle, aunt, uncle-in-law or

aunt-in-law of the person; or

(e)a nephew or niece of the person; or

(f)a cousin of the person—

and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;

spouse of a person means a person to whom the person is or was married.

(3)For the purposes of the definition of domestic partner in subsection (2)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

6Objective

The objective of Parts 1 to 17 of this Act is to promote the quality, safety, responsiveness and sustainability of the disability workforce by—

(a)providing for—

(i)the registration of certain disability workers and disability students; and

(ii)the regulation of registered and unregistered disability workers; and

(b)strengthening the safeguards for those persons with a disability who access disability services and broadening the avenues for complaint in relation to those services; and

(c)facilitating access by persons with a disability to information and services provided by the disability workforce; and

(d)encouraging innovation and quality improvement in the education and training of the disability workforce and in the provision of disability services.

7Guiding principles

(1)Without limiting the rights of persons with a disability, it is a guiding principle of the regulatory scheme under this Act that persons with a disability to whom disability services are provided have the same rights as other members of the community—

(a)to be respected for their human worth and to be treated with dignity as individuals; and

(b)to live free from abuse, neglect and exploitation; and

(c)to realise their individual capacity for physical, social, emotional and intellectual development; and

(d)to exercise choice and control over their own lives; and

(e)to access information and communicate in a manner appropriate to their communication and cultural needs; and

(f)if a child, actively to involve the child's family and any other caregivers in decisions affecting the child and to have information and support to enable this to occur; and

(g)to choose disability workers with the values, skills and qualifications that meet their needs; and

(h)to access services which support their quality of life.

(2)Other guiding principles of the regulatory scheme are—

(a)the registration of disability workers and disability students in accordance with this Act is to occur in a manner that is transparent, accountable, effective, efficient and fair; and

(b)fees required to be paid under this Act should be reasonable, having regard to the effective and efficient operation of the registration scheme; and

(c)restrictions on the practice of disability workers in accordance with this Act are only to occur if they are in the public interest and if they are necessary to ensure that disability services are provided safely and are of an appropriate quality.

(3)It is the intention of Parliament that the guiding principles specified in this section should, if practicable, be given effect to in the administration of this Act and the regulation of disability workers and disability students.

PART 2—GOVERNANCE

Division 1—Disability Worker Registration Board of Victoria

8Establishment of the Board

There is established the Disability Worker Registration Board of Victoria.

9Functions and powers

(1)The Board has the following functions, in addition to any other function conferred on it by or under this Act or any other Act—

(a)to set standards for registration of disability workers and the practice of registered disability workers;

(b)to accredit training programs and supervised practice arrangements that qualify persons for registration as a disability worker;

(c)to assess the probity and qualifications of applicants for registration and to register suitably qualified disability workers;

(d)to register suitably qualified disability workers;

(e)to register persons as disability students to undertake supervised practice as part of an approved program of study;

(f)to deal with matters of impairment in relation to registered disability workers and disability students;

(g)to receive, assess and deal with notifications and complaints about registered disability workers and disability students;

(h)to monitor compliance with registration and practice standards by registered disability workers;

(i)to collect and provide data for disability workforce planning and system improvement purposes;

(j)to regulate the advertising of services provided by registered disability workers.

(2)The Board has all the powers necessary to perform its functions.

10Membership of the Board

(1)On the recommendation of the Minister, the Governor in Council may appoint a person to be a member of the Board.

(2)The Board consists of not less than 9 and not more than 12 persons as determined by the Minister in accordance with the following requirements—

(a)at least 2 and not more than two-thirds of the members are not, and have not at any time been, registered disability workers;

(b)at least 2 and not more than two-thirds of the members are registered disability workers;

(c)at least 3 members are persons with a disability.

(3)In determining whether to appoint a person as a member of the Board, the Minister must have regard to the skills and experience of the person that are relevant to the Board's functions.

(4)A person is not eligible to be a member of the Board if—

(a)the person has ceased to be a registered disability worker as a result of the person's professional misconduct or incompetence or an impairment; or

(b)the person has been found guilty, at any time, of an offence (whether in Victoria or elsewhere) that, in the opinion of the Minister, renders the person unfit to hold the office of member.

11Term of office

(1)A member of the Board—

(a)holds office, subject to this Act, for a term specified in the member's instrument of appointment, not exceeding 3 years from the date of appointment; and

(b)is eligible for reappointment.

(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.

(3)Despite subsection (1) and anything to the contrary in the member's instrument of appointment, a member of the Board, with the consent of the Minister, may continue to hold office at the end of member's appointment for a period not exceeding 6 months to enable the vacancy in the member's office to be filled.

12When does a Board member's office become vacant?

(1)The office of a member of the Board becomes vacant if the member—

(a)without leave first being granted by the Board, is absent from 3 consecutive meetings of which reasonable notice was given to the member, either in person or by post; or

(b)becomes an insolvent under administration; or

(c)is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d)resigns by writing delivered to the Minister; or

(e)is removed from office under subsection (2).

(2)The Governor in Council may remove a member of the Board from office if of the opinion that the member—

(a)is guilty of improper conduct in carrying out the duties of the member's office; or

(b)is mentally or physically incapable of carrying out satisfactorily the duties of the member's office; or

(c)has failed to comply with any term or condition of appointment.

13Chairperson

(1)On the recommendation of the Minister, the Governor in Council may appoint one of the members of the Board as chairperson of the Board.

(2)Subject to this Act, the chairperson holds office for a term of 3 years from the date of appointment and is eligible for reappointment.

14Payment of members

(1)A member of the Board is entitled to receive the remuneration and allowances that are fixed from time to time by the Governor in Council.

(2)The Governor in Council may fix different remuneration for different classes of members of the Board.

15Acting appointments

(1)The Minister may appoint a person from a list of persons approved under subsection (5) to act as a member of the Board—

(a)during a vacancy in the office of member; or

(b)in the place of a member who is absent or who, for any other reason, is unable to perform the duties of the office.

(2)A member appointed under subsection (1) holds office for the rest of the term of appointment of the member whose place the replacement member fills.

(3)An acting member—

(a)has all the powers and must perform all the duties of the member for whom, or the office in which, the acting member is acting; and

(b)is entitled to be paid the remuneration and allowances to which the member would have been entitled for performing those duties; and

(c)is eligible for reappointment as a member of the Board.

(4)The Minister may terminate at any time an acting appointment.

(5)On the recommendation of the Minister, the Governor in Council may approve persons who are to be available to fill vacancies in the office of member of the Board under this section.

16Meetings

(1)The following persons are to preside at a meeting of the Board—

(a)the chairperson;

(b)a member appointed by the members present if the chairperson is absent.

(2)The quorum of the Board is a majority of the members for the time being.

(3)A question arising at a meeting is decided by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote.

(4)The Board must ensure that accurate minutes are kept of its meetings.

(5)The Board may permit members to participate in a particular meeting, or all meetings, by telephone, video conference or any other means of communication that does not require the physical presence of each member in the same place.

(6)Subject to this Part, the Board may regulate its own procedure.

17Conflicts of interest

(1)A member of the Board who has a personal interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Board, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest at a meeting of the Board if the interest appears to raise a conflict of interest with the proper performance of the member's duties in relation to the consideration of the matter.

Penalty:5 penalty units.

(2)The person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.

(3)After becoming aware of the conflict of interest in a matter—

(a)unless the Board directs otherwise, the member must not be present during any deliberations on the matter; and

(b)the member is not entitled to vote on the matter; and

(c)if the member does vote, the vote must be disallowed.

(4)For the purposes of this section, a member is not regarded as having a conflict of interest—

(a)in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or

(b)in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.

18Validity of acts or decisions

An act or a decision of the Board is not invalid—

(a)only because of—

(i)a defect or irregularity in, or in connection with, the appointment of a member or an acting member or the election of a member; or

(ii)a vacancy in the office of a member; or

(b)on the ground that the occasion for an acting member to act had not arisen or had ceased.

19Establishment of committees

(1)The Board may establish one or more committees—

(a)to assist the Board in exercising any of its functions; or

(b)to provide expert advice on any matter relating to the Board's functions.

(2)The members of a committee are to be appointed by the Board and each member is to have expertise in the matters to be considered by the committee.

(3)The Board may decide the matters to be considered by a committee.

20Delegation

The Board, by instrument, may delegate to any of the following persons or bodies any function or power of the Board, other than this power of delegation—

(a)a member of the Board;

(b)the Commissioner;

(c)a person referred to in section 32A(1) or (2);

(d)a committee established under section 19.

Division 2—Victorian Disability Worker Commission

21Establishment and constitution of the Victorian Disability Worker Commission

(1)There is established a Victorian Disability Worker Commission.

(2)The Commission—

(a)is a body corporate with perpetual succession; and

(b)must have a common seal; and

(c)may sue and be sued; and

*                *                *                *                *

(e)may enter into contracts or other arrangements; and

(f)may acquire, hold and dispose of real and personal property; and

(g)may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)The common seal of the Commission must be kept as directed by the Commission and may only be used as authorised by the Commission.

(4)The Commission is to be constituted by the Victorian Disability Worker Commissioner.

22Functions and powers of the Commission

(1)The Commission has the following functions in relation to registered disability workers and disability students—

(a)to provide administrative assistance and support to the Board to enable the Board to exercise its functions in relation to the registration and the regulation of registered disability workers and disability students and the accreditation of training programs;

(b)in conjunction with the Board, to establish and maintain a register of disability workers that is accessible to the public and a register of disability students;

(c)to implement efficient procedures for the purpose of supporting the Board to perform its function in relation to accreditation and registration;

(d)to implement efficient procedures for receiving and passing on to the Board complaints and notifications about registered disability workers and disability students;

(e)to receive, assess and investigate complaints and, if appropriate, to refer them to the Board;

(f)to receive and assess notifications and, if appropriate, to refer them to the Board;

(g)if appropriate, to conciliate complaints;

(h)to enter into an agreement with the Board about fees, the Board's budget and services to be provided by the Commission to the Board;

(i)to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters;

(j)any other function conferred on the Commission in relation to the Board by this or any other Act.

(2)The Commission has the following functions in relation to unregistered disability workers—

(a)to implement efficient procedures for receiving and dealing with complaints;

(b)to receive, assess and deal with complaints and notifications and, if appropriate, refer them to the Board;

(c)if appropriate, to conciliate complaints;

(d)to provide advice to the Minister about matters referred to the Commission by the Minister;

(e)to inquire into or investigate matters referred to the Commission by the Minister and to provide reports to the Minister in relation to those matters;

(f)to monitor, identify and advise the Minister about trends in relation to complaints and notifications, and other related matters;

(g)to carry out and support research into the handling of complaints and ways of improving the practice of disability workers and the disability services they provide;

(h)to provide information and education to the public about disability workers and their conduct, the complaint handling standards and the complaints and notification processes;

(i)any other function conferred on the Commission in relation to the Commission by this or any other Act.

(3)The Victorian Disability Worker Commission has all the powers that are necessary or convenient to perform its functions under this or any other Act.

23Regulatory management agreement

The Commission must enter into a regulatory management agreement with the Board in accordance with section 276.

*                *                *                *                *

25Delegation

The Commission by instrument may delegate any duty, function or power of the Commission under this Act or any other Act or the regulations under this Act (other than this power of delegation) to any person referred to in section 32A(1) or (2).

26Appointment of Victorian Disability Worker Commissioner

(1)The Governor in Council, on the recommendation of the Minister, by instrument may appoint a person as the Victorian Disability Worker Commissioner.

(2)The Minister must consult the Board before making a recommendation under subsection (1).

(3)The Public Administration Act 2004 (other than Part 3, except as provided by section 16 of that Act) applies to the Commissioner in respect of the office of the Commissioner.

27Duties, functions and powers of the Commissioner

(1)The Commissioner has the following functions—

(a)all the duties, functions and powers of the Commission under this Act;

(b)to issue prohibition orders, interim prohibition orders and public statements in relation to unregistered disability workers;

(c)any other duties, functions and powers conferred on the Victorian Disability Commissioner under this or any other Act.

(2)All acts and things done by the Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission.

28Terms and conditions of appointment

(1)The Commissioner—

(a)holds office for the period, not exceeding 5 years, that is specified in the instrument of appointment; and

(b)is eligible for reappointment; and

(c)is appointed on a full-time or part-time basis and holds office on the terms and conditions that are specified in the instrument of appointment.

(2)If the Commissioner was immediately before the Commissioner's appointment an officer within the meaning of the State Superannuation Act 1988, the Commissioner continues to be such an officer during the term of office as the Commissioner.

(3)The Commissioner is entitled to the remuneration and allowances determined from time to time by the Governor in Council.

29Acting appointment

(1)The Governor in Council may appoint a person to act as the Victorian Disability Worker Commissioner—

(a)during a vacancy in the office of the Commissioner; or

(b)during any period when—

(i)the Commissioner is absent; or

(ii)the Commissioner is for any other reason unable to perform the duties of the office of Victorian Disability Worker Commissioner.

(2)The Minister may appoint a person to act as the Commissioner for a period of not more than 6 months during any period when the Commissioner is absent.

(3)A person appointed under subsection (1) is entitled to the remuneration and allowances that are determined from time to time by the Governor in Council.

(4)A person appointed under subsection (2) is entitled to the remuneration and allowances that are determined by the Minister.

(5)While a person is acting as the Commissioner, the person has all the powers and may perform any of the functions of the Commissioner.

(6)The Governor in Council may revoke an appointment under subsection (1) at any time.

(7)The Minister may revoke an appointment under subsection (2) at any time.

30Vacancy and resignation

The Commissioner ceases to hold office if the Commissioner—

(a)resigns by writing delivered to the Minister; or

(b)becomes insolvent under administration; or

(c)is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence; or

(d)nominates for election for or is elected to—

(i)the Parliament of Victoria; or

(ii)the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or

(iii)a Council, within the meaning of the Local Government Act 2020; or

(e)is removed from office under section 31.

31Removal from office

The Governor in Council, on the recommendation of the Minister, may remove the Commissioner from office on any of the following grounds—

(a)any misconduct of the Commissioner in carrying out the duties of the office;

(b)a conflict of interest of the Commissioner when carrying out the duties of the office;

(c)any neglect of the Commissioner in carrying out the duties of the office;

(d)an inability of the Commissioner to perform the duties of the office;

(e)the Commissioner engaging in paid employment outside the duties of the office without the consent of the Minister.

32Validity of decisions

A decision of the Commissioner is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Commissioner.

32AStaff

(1)There may be employed under Part 3 of the Public Administration Act 2004 any persons who are necessary to assist the Commissioner or the Commission in exercising a power or performing a duty or function under this or any other Act.

(2)The Commissioner may engage a person with suitable qualifications or experience to assist the Commissioner or Commission in the exercise of a power or the performance of a duty or function under this or any other Act.

PART 3—COMPLAINTS—PRELIMINARY MATTERS

Division 1—Making a complaint

33Complaints about disability workers and disability students

(1)A person may make a complaint to the Commission or the Board about a disability worker (whether or not the disability worker is registered) concerning the professional conduct of the disability worker, including and not limited to the following—

(a)the standard of the disability services provided by the disability worker in the course of practising as a disability worker;

(b)the knowledge, skill or judgement possessed by the disability worker;

(c)the disability worker's suitability to hold registration;

(d)the disability worker's capacity to practise in a safe manner;

(e)an alleged contravention of this Act or an approved code of conduct;

(f)matters about which a notification must be made.

(2)A person may make a complaint to the Commission or the Board about a disability student on one or more of the following grounds—

(a)the disability student has, or may have, an impairment that detrimentally affects the disability student's capacity to undertake supervised practice in a safe manner;

(b)the disability student has, or may have, contravened a condition of the disability student's registration or an undertaking given by the disability student to the Board.

34How a complaint is made

(1)A complaint may be made orally or in writing.

(2)A complaint must include particulars of the ground on which it is made.

(3)If a complaint is made verbally, the Commission or the Board, as the case requires, must make a record of the complaint.

35Reasonable assistance to be given to complainant

(1)The Commission or the Board, if asked by an individual, must give the individual reasonable assistance to make a complaint about a disability worker or disability student.

(2)Without limiting subsection (1), the Commission or the Board may assist an individual to make a complaint if—

(a)the individual is not able to put the individual's complaint in writing without assistance; or

(b)the individual needs assistance to clarify the nature of the individual's complaint.

36Protection for persons making a complaint

(1)A person who makes a complaint is not personally liable for any loss, damage or injury suffered by another person merely because of the making of the complaint.

(2)A person who produces a document or gives any information or evidence to the Board or the Commission in making a complaint is not personally liable for any loss, damage or injury suffered by another person merely because of the production of the document or the giving of the information or evidence.

(3)Nothing in this section derogates from the protection of a person under section 87.

37Withdrawal of complaint

(1)A complainant may withdraw a complaint at any time after making it by written notice given to the Commission.

(2)Despite a withdrawal of a complaint, the Commission or the Board may continue to deal with the complaint if the Commission or the Board, as the case requires, is of the opinion that the subject matter of the complaint may pose a serious risk to—

(a)the life, health, safety or welfare of a person; or

(b)the health, safety or welfare of the public.

Division 2—Initial consideration of complaints received

38Board to refer all complaints received to Commission for initial consideration

As soon as practicable after receiving a complaint, the Board must refer the complaint to the Commission for initial consideration under this Division.

39Initial consideration of complaint

(1)The Commission, within 60 days after receipt of a complaint from the complainant or the Board, must decide if the complaint relates to—

(a)a person who is—

(i)a registered disability worker; or

(ii)a disability student; or

(iii)an unregistered disability worker; or

(b)a matter that is otherwise regulated under this Act.

(2)If the Commission decides that the complaint relates to a person who is a registered disability worker or is a disability student, the Commission must refer the complaint to the Board to be dealt with in accordance with Part 4.

(3)If the Commission decides that the complaint relates to conduct of a person who is currently an unregistered disability worker but who was a registered disability worker at the time of the relevant conduct, the Commission may refer the complaint to the Board to be dealt with in accordance with Part 4.

(4)If the Commission decides that the complaint relates to a person who is an unregistered disability worker, the Commission must deal with the complaint in accordance with Part 5, unless the complaint has been referred to the Board under subsection (3).

(5)If the behaviour that is the basis of a complaint occurred, or is reasonably believed to have occurred, outside Victoria, the Commission may refer the complaint to the appropriate entity for the jurisdiction in which it occurred.

(6)The Commission may share any relevant information with an appropriate entity in another jurisdiction under this section.

40Commission may divide or concurrently deal with complaints

(1)The Commission may divide a complaint at any time—

(a)into 2 or more complaints if the Commission believes it is in the interests of the complainant or the person who received or sought the disability service; or

(b)into a part that may be dealt with under this Act as a complaint by the Board or the Commission and a part that is or may be the subject of—

(i)a notification under Part 7; or

(ii)a notification, complaint, investigation or inquiry under a law of the Commonwealth, another State or a Territory.

(2)The Commission may concurrently deal with 2 or more complaints, whether or not there is more than one complainant, if the Commission reasonably believes that—

(a)the complainant or complainants are not disadvantaged; and

(b)the disability worker's or disability student's rights are not adversely affected; and

(c)the person who received or sought the disability service is not disadvantaged.

PART 4—THE BOARD AND COMPLAINTS ABOUT REGISTERED DISABILITY WORKERS AND DISABILITY STUDENTS

41Board to assess complaint

(1)Within 60 days after the Commission initially considers under Part 3 a complaint in relation to a registered disability worker or in relation to a disability worker's conduct (which occurred when the disability worker was registered), the Board must assess a complaint referred to it by the Commission and decide the following—

(a)whether to deal further with the complaint by doing one or more of the following—

(i)taking immediate action in accordance with Division 2 of Part 8;

(ii)counselling the registered disability worker;

(iii)referring the complaint to the Commission for conciliation;

(iv)referring the complaint to an appropriate entity;

(v)settling the complaint by agreement with the registered disability worker or by agreement of the registered disability worker and the complainant;

(vi)requiring the registered disability worker to undergo a performance assessment or a health assessment;

(vii)investigating the registered disability worker under Division 3 of Part 8;

(viii)taking any other appropriate action under Division 5 of Part 8;

(b)whether to take no further action in accordance with section 45; or

(c)whether the disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider.

(2)Within 60 days after receipt of a complaint in relation to a disability student, the Board must assess a complaint referred to it by the Commission and decide—

(a)whether to deal further with the complaint by doing one or more of the following—

(i)taking immediate action in accordance with Part 8;

(ii)counselling the disability student;

(iii)requiring the disability student to undergo a health assessment;

(iv)taking any other appropriate action under Division 5 of Part 8; or

(b)whether to take no further action in accordance with section 45.

(3)In the course of assessing the complaint under subsection (1), the Board may request information from the following—

(a)the complainant;

(b)the registered disability worker or the disability student;

(c)any person who received or sought the relevant disability service;

(d)any other person whom the Board reasonably believes has relevant information.

42Notice of receipt of complaint to registered disability worker or disability student

(1)As soon as practicable after receiving a complaint about a registered disability worker or a disability student, the Board must give written notice of the receipt of the complaint to the registered disability worker or disability student.

(2)The notice must advise the registered disability worker or disability student of the nature of the complaint.

(3)Despite subsection (1), the Board is not required to give the registered disability worker or disability student notice of the receipt of the complaint if the Board reasonably believes doing so would—

(a)prejudice an investigation of the complaint; or

(b)place at risk a person's health or safety or place a person at risk of intimidation or harassment.

43Board may deal with complaints about same person together

If the Board receives more than one complaint about a registered disability worker or a disability student, the Board may deal with the complaints together.

44Board may settle complaint by agreement

The Board may settle a complaint about a registered disability worker or a disability student with all or any of the following persons—

(a)the complainant;

(b)the registered disability worker or disability student;

(c)the person who received or sought the disability services related to the complaint, if that person is not the complainant.

45When Board may decide to take no further action

(1)The Board may decide to take no further action in relation to a complaint if—

(a)the Board reasonably believes the complaint is frivolous, vexatious, misconceived or lacking in substance; or

(b)given the period of time that has elapsed since the matter which is the subject of the complaint occurred, it is not practicable for the Board to investigate or otherwise deal with the complaint; or

(c)the person to whom the complaint relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the complaint; or

(d)the subject matter of the complaint has already been dealt with adequately by the Board or the Commission; or

(e)the subject matter of the complaint—

(i)is being dealt with, or has been dealt with, by another entity; or

(ii)has been referred by the Board to another entity to be dealt with by that entity; or

(f)the registered disability worker or disability student to whom the complaint relates has taken appropriate steps to remedy the matter which is the subject of the complaint and the Board reasonably believes no further action is required in relation to the complaint; or

(g)the complaint is made more than 12 months after the provision of the disability service that is the subject matter of the complaint; or

(h)the complaint is made more than 12 months after the disability service sought was not provided.

(2)A decision by the Board to decide to take no further action in relation to a complaint does not prevent the Board or an adjudication body taking the complaint into consideration at a later time as part of a pattern of conduct or practice by the registered disability worker or disability student.

(3)If the Board decides to take no further action in relation to a complaint it must give written notice of the decision to the complainant.

(4)A notice under subsection (3) must state—

(a)that the Board has decided to take no further action in relation to the complaint; and

(b)the reason why the Board has decided to take no further action.

46Complaints about registered NDIS providers

If the Board decides that the subject of a complaint is a registered NDIS provider or is employed or engaged by a registered NDIS provider, the Board—

(a)must refer the complaint to the NDIS Quality and Safeguards Commission; and

(b)may deal with the complaint in accordance with this Act; and

(c)may defer dealing with the complaint until after the NDIS Quality and Safeguards Commission has considered the complaint.

PART 5—THE COMMISSION AND COMPLAINTS ABOUT UNREGISTERED DISABILITY WORKERS

47Commission must assess complaint

(1)Within 60 days after the Commission initially considers under Part 3 a complaint in relation to an unregistered disability worker, the Commission must assess the complaint and decide the following—

(a)whether to deal further with the complaint by doing one or more of the following—

(i)counselling the unregistered disability worker;

(ii)referring the complaint for conciliation by the Commission;

(iii)referring the complaint to an appropriate entity;

(iv)settling the complaint by agreement with the unregistered disability worker or by agreement of the unregistered disability worker and the complainant;

(v)investigating the unregistered disability worker under Part 9;

(vi)taking any other appropriate action under Part 9;

(b)whether the unregistered disability worker is a registered NDIS provider or a person employed or engaged by a registered NDIS provider;

(c)whether to take no further action in accordance with section 49.

(2)In the course of assessing the complaint under subsection (1), the Commission may request information from the following—

(a)the complainant;

(b)the unregistered disability worker;

(c)any person who received or sought the relevant disability service;

(d)any other person who the Commission reasonably believes has relevant information.

(3)The Commission must give written notice of any decision made under this section to the complainant and to the unregistered disability worker as soon as practicable after making the decision.

48Notice of receipt of complaint to unregistered disability worker

(1)As soon as practicable after receiving a complaint about an unregistered disability worker, the Commission must give written notice of the receipt of the complaint to the unregistered disability worker.

(2)The notice must advise the unregistered disability worker of the nature of the complaint.

(3)Despite subsection (1), the Commission is not required to give the unregistered disability worker notice of the receipt of the complaint if the Commission reasonably believes doing so would—

(a)prejudice an investigation of the complaint; or

(b)place at risk a person's health or safety or place a person at risk of intimidation or harassment.

49When Commission may decide to take no further action

The Commission may take no further action in relation to a complaint made to the Commission about an unregistered disability worker if—

(a)the Commission is satisfied that the complaint is frivolous or vexatious or was not made in good faith; or

(b)the subject matter of the complaint is trivial, misconceived or lacking in substance and the Commission reasonably believes that it does not require complaint resolution, conciliation or investigation; or

(c)the complainant does not comply with a request for more information under section 47(2); or

(d)the subject matter of the complaint comes within the jurisdiction of an adjudication body or other entity; or

(e)the Commission is satisfied that there is no reasonable prospect of resolving the complaint by attempting to settle the complaint and the Commission does not believe that the complaint should be investigated under this Act; or

(f)the complaint or part of the complaint concerns a matter that falls within the responsibility of an entity established under an Act of the Commonwealth; or

(g)there is, or was, in relation to the complaint, a satisfactory alternative means of dealing with the matter by the complainant and the complainant does not have sufficient reason for not pursuing that alternative means; or

(h)the complaint has been withdrawn under section 37.

50Commission may settle complaint by agreement

The Commission may settle a complaint about an unregistered disability worker with all or any of the following persons—

(a)the complainant;

(b)the unregistered disability worker;

(c)the person who received or sought the disability service related to the complaint, if that person is not the complainant.

51Decision to reopen complaint

(1)The Commission may decide to deal with a complaint in relation to which the Commission had decided to take no further action if—

(a)the Commission becomes aware of new information in respect of that complaint; or

(1)A person who is not a registered disability worker must not knowingly or recklessly take or use one of the following titles in a way that could reasonably be expected to induce a belief that the person is a registered disability worker—

(a)registered disability worker;

(b)registered disability support worker;

(c)registered disability practitioner.

Penalty:200 penalty units.

(2)A person who is not a registered disability worker must not knowingly or recklessly take or use a prescribed title in a way that could reasonably be expected to induce a belief that the person is a registered disability worker.

Penalty:200 penalty units.

(3)A person must not knowingly or recklessly use one or more of the following titles in relation to another person who is not a registered disability worker in a way that could reasonably be expected to induce a belief that the other person is a registered disability worker—

(a)registered disability worker;

(b)registered disability support worker;

(c)registered disability practitioner.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

(4)A person must not knowingly or recklessly use a prescribed title in relation to another person who is not a registered disability worker in a way that could reasonably be expected to induce a belief that the other person is a registered disability worker.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

(5)Subsections (1), (2), (3) and (4) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.

259Claims about type of registration or endorsement or qualification to hold type of registration or endorsement

(1)A registered disability worker must not knowingly or recklessly claim to hold a type of registration or endorsement under this Act that the disability worker does not hold.

Penalty:200 penalty units.

(2)A registered disability worker must not knowingly or recklessly claim to be qualified to hold a type of registration or endorsement under this Act for which the disability worker is not qualified.

Penalty:200 penalty units.

(3)A contravention of subsection (1) or (2) by a registered disability worker may constitute behaviour for which health, conduct or performance action may be taken.

(4)A person must not knowingly or recklessly claim that another person holds a type of registration or endorsement under this Act that the other person does not hold.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

(5)A person must not knowingly or recklessly claim that another person is qualified to hold a type of registration or endorsement under this Act that the other person is not qualified to hold.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

260Claims about division of Register

(1)A registered disability worker must not knowingly or recklessly claim to be registered in a division of the Register other than the division of the Register in which the registered disability worker is registered.

Penalty:200 penalty units.

(2)A contravention of subsection (1) by a registered disability worker may constitute behaviour for which health, conduct or performance action may be taken.

(3)A person must not knowingly or recklessly claim that another person is registered in a division of the Register other than the division of the Register in which the registered disability worker is registered.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

261Restriction to provide prescribed disability service

A person must not carry out a prescribed disability service unless—

(a)the person is a registered disability worker; or

(b)the person belongs to a prescribed class of disability students; or

(c)the person does so in a prescribed circumstance.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

262Directing or inciting unprofessional conduct or professional misconduct

A person must not direct or incite a registered disability worker to do anything in the course of practising as a disability worker that amounts to unprofessional conduct or professional misconduct.

Penalty:200 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

263Offence for contravention of interim prohibition order

A disability worker to whom an interim prohibition order applies must comply with the order.

Penalty:240 penalty units or 2 years imprisonment or both.

264Offence for contravention of prohibition order

A disability worker to whom a prohibition order applies must comply with the order.

Penalty:240 penalty units or 2 years imprisonment or both.

265Offence to contravene VCAT order

A person must comply with a prohibition order made by VCAT under section 213(5)(b).

Penalty:240 penalty units or 2 years imprisonment or both.

266Offence to provide certain services if prohibited from doing so in another State or a Territory

A person must not provide a disability service if, in another State or in a Territory of the Commonwealth, the person is prohibited from providing a service in the nature of a disability service.

Penalty:240 penalty units or 2 years imprisonment or both.

267Advertising offences

(1)A person must not advertise a disability service to be provided by a person to whom an interim prohibition order or a prohibition order applies unless the advertisement states that the person

is subject to an interim prohibition order or a prohibition order, as the case requires.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)A person must not advertise a disability service to be provided by a registered disability worker in a way that—

(a)is false, misleading or deceptive or is likely to be misleading or deceptive; or

(b)offers a gift, discount or other inducement to attract a person to use the service, unless the advertisement also states the terms and conditions of the offer; or

(c)uses testimonials or purported testimonials about the service or business; or

(d)creates an unreasonable expectation of beneficial treatment; or

(e)directly or indirectly encourages the indiscriminate or unnecessary use of disability services.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(3)A person does not commit an offence against this section merely because the person, as part of the person's business, prints or publishes an advertisement for another person.

(4)In a proceeding for an offence against this section, a court may have regard to a registration standard, code or guideline approved by the Board about the advertising of disability services.

268Offence to fail to produce information or attend before authorised officer or investigator

(1)A person required to give information to an authorised officer under section 220 or 221 or an investigator under section 84 must not fail, without reasonable excuse, to give the information as required by the notice.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(2)A person is not liable to be prosecuted for an offence against subsection (1) if the authorised officer or investigator failed to comply with a relevant requirement in the applicable provision.

(3)A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to attend as required by the notice.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(4)A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to continue to attend as required by the authorised officer or investigator until excused from further attendance.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(5)A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to answer a question that the person is asked by the authorised officer or investigator.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(6)A person given a notice to attend before an authorised officer or an investigator must not fail, without reasonable excuse, to produce a document the person is required to produce by the notice.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

269Offences for failing to comply with requirement under section 228

(1)A person required to give reasonable assistance under section 228(1)(f) must comply with the requirement, unless the person has a reasonable excuse.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(2)A person of whom a requirement is made under section 228(1)(g) must comply with the requirement, unless the person has a reasonable excuse.

Penalty:30 penalty units in the case of a natural person;

Penalty:60 penalty units in the case of a body corporate.

270False or misleading information or documents

(1)A person must not provide information to an authorised officer or investigator that the person knows is false or misleading in a material particular.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(2)Subject to subsection (3), a person must not give an authorised officer or investigator a document containing information that the person knows is false or misleading in a material particular.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(3)A person may give an authorised officer or investigator a document containing information that the person knows is false or misleading in a material particular if the person, when giving the document—

(a)informs the authorised officer or investigator, as the case requires, to the best of the person's ability, how it is false or misleading; and

(b)gives the correct information to the authorised officer or investigator, as the case requires, if the person has, or can reasonably obtain, the correct information.

271Obstructing authorised officers or investigators

(1)A person must not obstruct an authorised officer in the exercise of a power under this Act unless the person has a reasonable excuse.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(2)A person must not obstruct an investigator in the exercise of a power under this Act unless the person has a reasonable excuse.

Penalty:30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.

(3)If a person has obstructed an authorised officer or investigator in the exercise of a power under this Act and the authorised officer or investigator, as the case requires, decides to proceed with the exercise of the power, the authorised officer or investigator must warn the person that—

(a)it is an offence to obstruct the authorised officer or investigator unless the person has a reasonable excuse; and

(b)the authorised officer or investigator considers that the person's conduct is an obstruction.

(4)In this section—

obstruct includes hinder and attempt to obstruct or hinder.

272Offence to impersonate authorised officer or investigator

(1)A person who is not an authorised officer must not impersonate, or in any other way purport to be, an authorised officer.

Penalty:30 penalty units.

(2)A person who is not an investigator must not impersonate, or in any other way purport to be, an investigator.

Penalty:30 penalty units.

273Protection against self-incrimination

(1)Subject to subsection (2), a natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act or the regulations if giving the information or doing the other thing would tend to incriminate the person.

(2)Subsection (1) does not apply to—

(a)the production of a document or part of a document that the person is required by this Act or the regulations to produce; or

(b)the giving of a person's name or address in accordance with this Act or the regulations.

274Power to bring proceedings

The following persons may bring a proceeding for an offence against this Act or the regulations—

(a)the Commissioner;

(b)a person appointed to act as the Commissioner under section 29;

(c)a police officer;

(d)any person referred to in section 32A(1) who is authorised by the Commission to bring a proceeding.

275Conduct may constitute offence and be subject of disciplinary proceedings

(1)If a person's behaviour constitutes an offence against this Act, the regulations or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Act—

(a)the fact that a proceeding for an offence has been commenced in relation to the behaviour does not prevent a proceeding being commenced before an adjudication body under this Act for the same behaviour; and

(b)the fact that a proceeding has been commenced before an adjudication body under this Act in relation to the conduct does not prevent a proceeding for an offence being brought for the same behaviour.

(2)If a person's behaviour may be dealt with by a health complaints entity (including a prescribed interstate health complaints entity) and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Act, the fact that the behaviour has been dealt with by the health complaints entity does not prevent a proceeding being commenced before an adjudication body under this Act for the same behaviour.

Division 2—Finance

276Regulatory management agreement

(1)The Board must enter into a regulatory management agreement with the Commission that makes provision for the following—

(a)the fees payable under this Act by disability workers and disability students (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);

(b)the annual budget of the Board;

(c)the services to be provided to the Board by the Commission to enable the Board to carry out its functions under this Act.

(2)If the Commission and the Board are unable to agree on a matter relating to the regulatory management agreement or a proposed regulatory management agreement, the Minister may give directions to the Commission and the Board about how the dispute is to be resolved.

(3)The Board must publish on its Internet site the fees for which provision has been made in a regulatory management agreement between the Board and the Commission.

277Disability Worker Regulation Fund

(1)The Disability Worker Regulation Fund is established.

(2)The Disability Worker Regulation Fund is a fund to be administered by the Commission.

(3)The Disability Worker Regulation Fund is to have—

(a)a separate account for the Board for matters relating to the Board's functions; and

(b)a separate account for the Commission for matters relating to the Commission's and the Commissioner's functions.

(4)The Commission may establish accounts with any financial institution for money in the Disability Worker Regulation Fund.

(5)The Disability Worker Regulation Fund does not form part of the consolidated fund.

278Payments into Disability Worker Regulation Fund

There is payable into the Disability Worker Regulation Fund—

(a)all fees, fines and penalties paid to, or recovered by, the Board or the Commission under this Act; and

(b)any other money received by the Board, including income from the investments of the Fund administered by the Commission and grants, gifts and donations received by the Board; and

(c)any other money received by the Commission from the Public Account.

279Payments out of Disability Worker Regulation Fund

(1)For each financial year, the Commission and VCAT must agree to the amount of payments to be made from the Disability Worker Regulation Fund to VCAT to meet VCAT's expenses in performing its functions under this Act in relation to registered disability workers, disability students and unregistered disability workers.

(2)Payments may be made from the Disability Worker Regulation Fund for the following purposes—

(a)the expenses incurred by the Board in carrying out its functions, powers and duties;

(b)any payments to be made to members of the Board under this Act and any payments to be made to other persons under this Act (other than in relation to provisions relating solely to persons who are not registered disability workers or disability students);

(c)an amount payable from the account for the Board and agreed to under subsection (1) for each financial year to meet the expenses of VCAT in performing its functions under this Act in relation to registered disability workers and disability students;

(d)an amount payable from the account for the Commission and agreed to under subsection (1) for each financial year to meet the expenses of VCAT in performing its functions under this Act in relation to unregistered disability workers;

(e)any other payments recommended by the Commission and approved by the Minister.

280Investment powers

The Commission may invest money credited to the Disability Worker Regulation Fund that it does not immediately require—

(a)in any manner in which money may be invested under the Trustee Act 1958; or

(b)in any other manner that the Minister approves.

281Repayment of advances

(1)The Commission must pay into the Public Account any amounts that the Minister administering section 14 of the Financial Management Act 1994, in consultation with the Treasurer, decides are required to repay advances from the Public Account for the operation of the Commission or the Board.

(2)Payments under subsection (1) must be made in accordance with any other terms and conditions from time to time decided by the Minister administering section 14 of the Financial Management Act 1994 in consultation with the Treasurer.

(3)The Commission, as and when directed to do so by the Minister administering section 14 of the Financial Management Act 1994, must provide a plan for the repayment of advances referred to in subsection (1).

(4)The Commission, at any time that the Minister administering section 14 of the Financial Management Act 1994 directs it to do so, must report in writing to the Minister on its progress in making payments under subsection (1).

282Powers of Board in relation to fees

(1)In the case of any fee which the Board is empowered to fix under this Act, the Board—

(a)must fix the fee for a period of 12 months and may increase or decrease the fee at the end of that period; and

(b)may fix a different fee for a different case and may allow for the reduction, waiver or refund, in whole or in part, of any fee; and

(c)must publish any fee it has fixed in the Government Gazette and on the Board's Internet site.

(2)In fixing fees under this Act, the Board—

(a)must comply with any direction made by the Minister in relation to fees; and

(b)may take into account whether the amount of money collected in fees under this Act is sufficient to cover the cost to the Board of carrying out its functions under this Act.

(3)The Minister may give directions to the Board in relation to fees which the Board is empowered to fix under this Act.

283Compensation

(1)A person may claim compensation from the Commission if the person incurs loss or expense because of the exercise or purported exercise of a power under this Act by an authorised officer or an investigator.

(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred as a result of complying with a requirement made of the person under this Act.

(3)Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

(4)A court may order compensation to be paid if it is satisfied that it is fair to make the order in the circumstances of the particular case.

Division 3—Provisions relating to persons exercising functions under Act

284General duties of persons exercising functions under this Act 

(1)A person exercising functions under this Act, when exercising the functions, must act honestly and with integrity.

(2)A person exercising functions under this Act must exercise the person's functions under this Act—

(a)in good faith; and

(b)in a financially responsible manner; and

(c)with a reasonable degree of care, diligence and skill.

(3)A person exercising functions under this Act must not make improper use of the person's position or of information that comes to the person's knowledge in the course of, or because of, the person's exercise of the functions to gain an advantage for the person or another person.

285Protection from liability for person exercising functions

(1)A protected person is not personally liable for anything done or omitted to be done in good faith—

(a)in the exercise of a power or the performance of a function under this Act; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.

(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to the protected person attaches instead to the State.

(3)In this section—

protected person means any of the following—

(a)the Commissioner;

(b)a person appointed as acting Commissioner under section 29;

(c)a member of the Board;

(d)a member of a panel;

(e)a person referred to in section 32A;

(f)an authorised officer;

(g)an investigator.

Division 4—Regulations

286Regulations

(1)The Governor in Council may make regulations for or with respect to the following matters—

(a)the registration of disability workers and disability students, including applications for registration, periods of registration and renewal of registration;

(b)the Register, including but not limited to the following—

(i)particulars to be noted on the Register;

(ii)the divisions of the Register;

(c)the restriction on provision of specified disability services by persons other than disability workers with suitable qualifications or experience;

(d)time limits for the purposes of this Act;

(e)forms to be used for the purposes of this Act;

(f)fees for the purposes of this Act;

(g)the Register of Disability Workers and the Disability Students Register, including divisions of those Registers;

(h)the keeping and the form of any records or other documents as may be necessary for the administration of this Act;

(i)the collection, provision, transfer, disclosure or use of information for the purposes of this Act;

(j)persons or classes of persons necessary to be prescribed for the purposes of this Act;

(k)penalties, not exceeding 10 penalty units, for contraventions of the regulations;

(l)prescribing a code of conduct for unregistered disability workers;

(m)prescribing services as exempt services;

(n)any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)Regulations made under this Act—

(a)may be of limited or general application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and

(d)in the case of a regulation made under subsection (1)(j), may provide for different classes of member; and

(e)may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; and

(f)may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time.

PART 17—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

Division 1—Transitional provisions

287Transitional provisions

(1)Despite section 10(2)(b), a person is eligible for appointment as a registered disability worker member of the first Board appointed after this section comes into operation if the Minister believes that the person has skills and experience that are relevant to the Board's functions.

(2)For the purposes of section 154(1)(a), an individual who applies for registration as a disability worker before 30 September 2022 is qualified for registration if—

(a)the individual—

(i)holds a qualification or has completed training as a disability worker, whether in Victoria or elsewhere, that the Board considers is adequate for the purposes of providing disability services; or

(ii)has provided disability services of a kind related to the type of registration applied for at any time between 30 September 2012 and 30 September 2022 for a consecutive period of 2 years or for any periods which together amount to 2 years; and

(b)the individual has satisfied the Board that the individual is professionally competent as a disability worker.

(3)Subsection (2) applies despite anything to the contrary in section 155.

*                *                *                *                *

PART 18—TRANSITIONAL PROVISIONS—DISABILITY AND SOCIAL SERVICES REGULATION AMENDMENT ACT 2023

288Definition

In this Part—

commencement day means the day on which Division 1 of Part 4 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.

289Application for registration by disability worker

Division 1 of Part 11, as in force on the commencement day, applies to an application for registration made under that Division before that day that has not been determined by the Board.

290Worker screening check

(1)Section 257, as in force on the commencement day, applies to a disability worker registered before that day.

(2)Section 257, as in force on the commencement day, applies to a disability student registered before that day.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 25 July 2018

Legislative Council: 9 August 2018

The long title for the Bill for this Act was "A Bill for an Act to provide a regulatory scheme for disability workers and disability students, to amend the Residential Tenancies Act 1997 to provide for the rights and duties of SDA residents and SDA providers consistent with the National Disability Insurance Scheme, to make consequential amendments to the Disability Act 2006, the Health Complaints Act 2016, the Land Tax Act 2005, the Ombudsman Act 1973, the Public Administration Act 2004, the Supported Residential Services (Private Proprietors) Act 2010 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes."

The Disability Service Safeguards Act 2018 was assented to on 28 August 2018 and came into operation as follows:

Sections 1, 2, 293–299 and 302–319 on 1 July 2019: Special Gazette (No. 254) 25 June 2019 page 1.

Sections 3–32, 284, 285, 287(1), 291 and 292 on 20 August 2019: Special Gazette (No. 324) 20 August 2019 page 1.

Sections 33–283, 286, 287(2)–290 and 320 on 1 July 2020: section 2(2).

Sections 300, 301 never proclaimed, repealed by No. 19/2019 section 234.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Disability Service Safeguards Act 2018 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Disability Service Safeguards Act 2018, No. 38/2018

Assent Date:	28.8.18
Commencement Date:	S. 320 on 1.7.20: s. 2(2)
Note:	S. 320 repealed Pt 17 Div. 2 (ss 288–292), Pts 18–21 (ss 293–320) on 1.7.21
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	Ss 218–236 on 26.6.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 24) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Disability Service Safeguards Amendment Act 2020, No. 17/2020

Assent Date:	10.6.20
Commencement Date:	Ss 4–13 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 197–205 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Mental Health and Wellbeing Act 2022, No. 39/2022 (as amended by No. 20/2023)

Assent Date:	6.9.22
Commencement Date:	S. 822 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	Ss 132−140 on 20.9.23: Special Gazette (No. 483) 12.9.23 p. 1
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 16) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Disability Service Safeguards Act 2018

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3   Explanatory details

No entries at date of publication.